A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[Criminal Justice] On July 4, 2012, the Defendant was sentenced to a suspended sentence of two years for a period of six months for fraud in the Changwon District Court's Jinju branch. On July 12, 2012, the said judgment became final and conclusive and is currently in the grace period.

【Criminal Facts】

(2012 Highest 1913)

1. 피고인은 2012. 8. 2. 진주시 C에 있는 피고인의 집에서 인터넷 사이트인 네이버 카페 D에 아이디 ‘E', 닉네임 ’F‘로 접속하여 “아이팟 터치 MP3 4세대 8기가 팝니다”라는 내용의 판매글을 게시하고, 위 글을 보고 피고인에게 연락하여 구매의사를 밝힌 피해자 G에게 “H 명의의 농협 I계좌로 90,000원을 선입금하면 물건을 택배로 보내주겠다.”라고 거짓말을 하였다.

그러나 사실 피고인은 아이팟 터치 MP3를 가지고 있지 않았으므로 이를 위 피해자에게 판매할 의사나 능력이 없었다.

The Defendant received 90,000 won from the victim to the Agricultural Cooperative Account of the said H in the name of the purchase price on the same day.

From around that time to October 9, 2012, the Defendant received a total of KRW 5,315,500 from the victim G and 28 persons in the same way as shown in the attached Table 1, as between around that time, and around 29 times.

(2012 Highest 1983)

2. On September 9, 2012, the Defendant posted a letter “ggal lusium 2 smartphones are sold” at the Internet website J, and received KRW 230,000 from the Victim K, who reported and contacted with it, remittance of KRW 230,00 from the Defendant’s new cooperation account (L).

However, the defendant did not have smartphones and did not have the intent to send money to the victim even if he received money from the victim.

As above, the Defendant was granted KRW 230,000 as the price for goods by deceiving the victim.

(2013 high group8)

3. On September 24, 2012, the Defendant is pop-up in Internet NAC where the Defendant did not have a merchandise coupon and did not have an intent or ability to sell it.